Chapter 7: Communications (Ads, Mailers, and Social Media)

Official Source: Chapter 7 - Communications

Introduction

"Communications" is the bureaucratic term for talking to voters. This includes TV ads, mailers, billboards, text blasts, and social media posts.

The Political Reform Act doesn't just care what you say; it cares who paid for it and who decided to say it.

Depending on those two factors, a communication falls into one of three buckets:

1. Direct Expenditure: You (the candidate) pay for your own ads.
2. Non-Monetary Contribution: Someone else pays for an ad, but you helped (coordinated).
3. Independent Expenditure: Someone else pays for an ad, and you had absolutely nothing to do with it.

Bucket 1: You Pay (Direct Campaign Expenditures)

This is the standard scenario. Your committee pays a printer to send a flyer.

• Reporting: You report this as a standard expenditure on Schedule E of your Form 460.
• Rule: Straightforward. Just ensure you follow the "Paid for by" disclosure rules (covered in Chapter 8).

Bucket 2: They Pay, You Help (Coordinated Communications)

If a supporter (individual, business, or another committee) pays for a communication that supports you, and they do it "at your behest," the law treats it exactly as if they gave you the cash and you spent it yourself.

"At Your Behest" = Coordination. This counts as a Non-Monetary (In-Kind) Contribution.

• The Trap: Because it is a contribution, it counts toward your contribution limits. If a wealthy supporter spends $10,000 on a mailer you requested, and the limit is $5,500, you have just broken the law.

What Counts as "Coordination"?

You are coordinating if you (or your agents):

1. Requested or suggested the ad.
2. Consulted on the content, timing, or audience.
3. Provided information about your campaign needs/plans to the spender.

The "Danger Zone" (Presumption of Coordination) The FPPC assumes you coordinated (even if you claim you didn't) in these specific scenarios:

• Agents: The spender acts through your current campaign agent.
• Common Consultants: The spender hires a consultant who is also working on your campaign strategy.
• Republication: The spender takes your video footage or graphics and simply republishes them.
• Fundraising: The spender is a committee formed to support you, and you show up to their fundraiser.
• Former Staff: The spender is run by someone who was your senior staffer within the last 12 months.
• Family: The spender is funded or run by your immediate family.

Bucket 3: They Pay, You Don't Help (Independent Expenditures)

An Independent Expenditure (IE) happens when a third party spends money to support you (or attack your opponent) without any cooperation, consultation, or request from your campaign.

• Reporting: You (the candidate) do NOT report this. The person spending the money must file their own reports.
• Limits: There are no limits on Independent Expenditures. A Super PAC can spend $1 million supporting you, as long as they don't talk to you about it.

What qualifies as an IE?

1. No Coordination: Absolutely zero communication between the spender and the candidate regarding the ad.
2. Express Advocacy: The ad must clearly tell voters how to vote (e.g., "Vote for Smith," "Defeat Jones," "Support Prop 1").

"Express Advocacy" Defined: It counts as express advocacy if it uses "Magic Words" (Vote For, Elect, Cast your ballot, Reject) OR if, taken as a whole, it unambiguously urges a specific result in an election within 60 days of the vote.

The "Issue Ad" (Form E-530)

Sometimes groups run ads that feature a candidate but don't explicitly say "Vote For." These are often called "Issue Ads" (e.g., "Call Senator Jones and tell him to stop hurting the environment").

The Trigger Rule: If a committee spends $50,000 or more on a communication that:

1. Clearly identifies a state candidate.
2. Does not expressly advocate (no "Vote For").
3. Is disseminated within 45 days of an election.

Action Plan: The group spending the money must file Form E-530 with the Secretary of State within 48 hours.

Specific Communication Scenarios

1. Endorsements

• Oral Endorsement: If a Senator stands up at a meeting and says, "I endorse Jane," that costs nothing. It is not a contribution.
• Paid Advertisement: If the Senator pays to print a flyer announcing the endorsement, that payment is a contribution to Jane (unless it's an Independent Expenditure).
• Ballotmate Exception: If you pay for a mailer promoting yourself, and you list your endorsement of another candidate (e.g., "Jane supports Governor Smith"), it is not a contribution to Governor Smith if:
  1. Smith didn't request it.
  2. Smith appears on the same ballot.
  3. It is sent only to your own potential voters.

2. The Internet & Social Media

• Paid Ads: If you pay Facebook or Google to boost a post, it is a reportable expenditure.
• Uncompensated Individuals (The Safe Harbor): If a volunteer or supporter posts, blogs, or tweets about you for free, it is not a contribution. This applies even if they use your photos or logos.
• Paid Bloggers/Influencers: If you pay an influencer to post about you, you must report that payment.

3. Debates & Meetings

• Debates: If a nonpartisan group (like League of Women Voters) hosts a debate and invites at least two opposing candidates, the cost of the event is not a contribution.
• Meetings: If a trade union or business invites you to speak at a regularly scheduled meeting, the overhead cost (coffee, room rental) is not a contribution.

4. Member Communications

This is a powerful tool for unions and associations.

• Internal: If a union sends a mailer only to its own members supporting a candidate, it is not a contribution and not an expenditure. It is effectively "invisible" money.
• External: If that union sends the same mailer to the general public, it becomes a contribution (if coordinated) or an Independent Expenditure (if not).

5. News Stories

If a newspaper writes an editorial endorsing you, it is not a contribution. This is the "media exemption."

Action Plan: Classifying a Communication

When a third party wants to help your campaign, ask these questions to determine how to handle it:

FAQ: Common Stumbling Blocks

Q: A supporter wants to buy a billboard for me. Can they? A: Only if the cost of the billboard fits within their contribution limit (e.g., $5,500). If you talk to them about the billboard (location, design), it is a coordinated contribution. If the billboard costs $10,000, they cannot do it in coordination with you without breaking the law. They would have to do it as an Independent Expenditure (no talking to you).

Q: Can I share my campaign photos with a Super PAC? A: Be very careful. If a Super PAC uses your photos, it might be considered independent, but if you gave them the photos for the purpose of the ad, it is coordination. However, if they simply download high-res photos you put on your public website for everyone to use, that is generally allowed.

Q: I am being interviewed by a group that might spend money on me. Is that coordination? A: No. Merely being interviewed by a group (e.g., for an endorsement) does not make their subsequent spending "coordinated." Just don't discuss their ad buy or strategy during the interview.

Q: My neighbor is a web designer. She wants to build my website for free. Is that a contribution? A: No. Uncompensated personal services are volunteered time, not contributions.